What is the legal standard for determining bail as per the Bail Act 2013 NSW?

The legal standard for determining bail under the Bail Act 2013 in New South Wales is "unacceptable risk." This standard requires the court to assess whether there is a significant chance that a person released on bail could abscond or pose a danger to the community or any victim. If the court finds that releasing the accused would create an unacceptable risk of these outcomes, bail may be denied.

This standard reflects a balance between the rights of the individual to be presumed innocent and the need to ensure public safety and the integrity of the judicial process. The term "unacceptable risk" emphasizes that the risk must be significant enough to warrant denial of bail, in contrast to lesser standards like "minimal risk" or "reasonable suspicion," which could be construed as applying to a wider range of situations and potentially infringe on the rights of individuals awaiting trial. Therefore, the requirement for determining bail focuses specifically on the potential for serious outcomes, underscoring the careful consideration that the law mandates during this critical stage of the legal process.